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DECISION

Promulgating the Regulation on visa exemption for overseas Vietnamese

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

At the proposal of the Minister of Public Security and the Minister of Foreign Affairs,

DECIDES:

Article 1.- To promulgate the Regulation on visa exemption for overseas Vietnamese.

Article 2.- This Decision takes effect on September 1, 2007.

Article 3.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decision.

Prime Minister
NGUYEN TAN DUNG

REGULATION ON VISA EXEMPTION FOR OVERSEAS VIETNAMESE

(Promulgated together with the Prime Minister's Decision No. 135/2007/QD-TTg of August 17, 2007)

Article 1.- Visa exempts

Overseas Vietnamese, foreign spouses and children of Vietnamese citizens or overseas Vietnamese are eligible for entry visa exemption if fully meeting the following conditions:

1. Possessing foreign passports or foreign passport substitutes (below collectively referred to as passports) which remain valid for at least 6 months from the date of entry. An overseas Vietnamese who has no passport must possess a residence permit granted by a foreign country which remains valid for at least 6 months from the date of entry.

2. Possessing visa exemption certificates granted by a competent Vietnamese agency.

Article 2.- Visa exemption ineligibles

1. Those who fail to fully meet the conditions specified in Article 1.

2. Those who are not allowed to enter Vietnam under the provisions of Clause 1, Article 8 of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam, specifically:

a/ Using forged papers or intentionally making untruthful declarations when carrying out entry application procedures;

b/ On the ground of epidemics prevention and control;

c/ Having seriously violated Vietnamese law during their previous entries;

d/ On the ground of national security maintenance or other special grounds under the Public Security Minister's decisions.

Article 3.- Visa exemption certificates

1. Agencies competent to grant visa exemption certificates include:

- Overseas Vietnamese representative missions;

- The Immigration Control Department under the Ministry of Public Security.

2. A visa exemption certificate has a validity duration of up to 5 years but at least 6 months shorter than the remaining validity duration of the passport or residence permit granted by a foreign country.

3. A visa exemption certificate is granted to each person. For under-14 children sharing passports with their fathers or mothers, visa exemption certificates shall be granted together with passports of their fathers or mothers.

4. A competent agency shall grant a visa exemption certificate within 7 working days after receiving a valid dossier.

5. Visa exemption certificate grantees shall pay dossier-processing fees according to the Finance Ministry's regulations.

Article 4.- Dossier of application for a visa exemption certificate

1. A foreign passport, or a residence permit granted by a foreign country (enclosed with its copy for archive by a competent agency), for persons having no foreign passports;

2. A paper or document proving that the applicant is an overseas Vietnamese under the provisions of Vietnamese law or treaties to which Vietnam is a contracting party, or previously granted papers from which the applicant's original nationality or Vietnamese origin can be inferred. If there is no paper proving that the applicant is an overseas Vietnamese, he/she may present a paper of guarantee issued by an overseas Vietnamese association based in the country where he/she resides or a written affirmation by a Vietnamese citizen.

Foreign spouses or children of overseas Vietnamese or Vietnamese citizens are required to present papers proving their spouse or child relationship with overseas Vietnamese or Vietnamese citizens (marriage certificate, birth certificate, paper certifying parental or child relationship or other valid papers as provided for by Vietnamese law).

3. If having no papers specified in Clause 2 of this Article, the applicant may present papers granted by competent foreign agencies, which indicate that he/she has original Vietnamese nationality or of Vietnamese origin, to competent Vietnamese agencies for consideration and grant of visa exemption certificates.

4. A declaration of application for a visa exemption certificate (made according to a set form).

Article 5.- Cancellation of visa exemption certificates

1. Visa exemption certificates must be cancelled if their holders are detected ineligible according to Article 2 of this Regulation.

2. Overseas Vietnamese representative missions shall cancel visa exemption certificates whose holders reside overseas. The Public Security Ministry's Imigration Control Department and the Defense Ministry's immigration control forces (border guards) at border gates shall cancel visa exemption certificates whose holders temporarily reside in Vietnam or are at Vietnamese border gates.

3. Dossier processing fees are not refunded when visa exemption certificates are cancelled.

Article 6.- Stay duration in Vietnam

People entering Vietnam with visa exemption certificates may stay in Vietnam for up to 90 days following each entry. Those who wish to stay longer shall carry out visa application procedures according to current regulations before or after their entry into Vietnam.

Article 7.- Organization of implementation

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Defense in, implementing this Regulation. The Ministry of Public Security shall, after consulting and reaching agreement with the Ministry of Foreign Affairs, promulgate a form of visa exemption certificate, a form of declaration of application for visa exemption certificate and a form of paper of guarantee.

2. The Ministry of Foreign Affairs shall notify Vietnam-based foreign representative missions, and coordinate with the Ministry of Transport in notifying international airlines, creating favorable conditions for visa exemption certificate holders to enter Vietnam.

3. The Ministry of Finance shall guide the collection, remittance and use of fees for processing dossiers of application for visa exemption certificates.